Ohio ___ (1992)

Slip opinions decided 1992 — Ohio Public Domain Citations

These decisions have not yet been assigned a bound volume and page in Ohio Public Domain Citations. Each case lives at a name-based URL and moves to its citation URL (with a redirect) the moment the official citation is assigned.

114 opinions

1992 Ohio 1State Ex Rel. Ohio Department of Health v. Sowald (1992)
1992 Ohio 2State ex rel. Fenley v. Ohio Historical Soc. (1992)
Public records—Custodian of public records has no clear legal duty under R.C. 149.43(B) to transmit copies of those records by mail.
1992 Ohio 3State ex rel. Foreman v. Indus. Comm. (1992)
Workers' compensation—Doctor report is "some evidence" supporting denial of temporary total disability compensation for the period following the examination.
1992 Ohio 4State ex rel. N. Olmsted Fire Fighters Assn. v. N. Olmsted (1992)
Public employment - Vacation leave - National Guard service qualifies as prior state service under R.C. 9.44 - R.C. 9.44 requires a current public employer to treat qualifying prior state service as if it were service with that employer .
1992 Ohio 5Walton v. Judge (1992)
Criminal law - Grand juries - R.C. 2939.10 - Private citizen has no right to present evidence before a grand jury.
1992 Ohio 6Savage v. Correlated Health Serv., Ltd. (1992)
Malpractice - Damages award - Workers' compensation and Social Security benefits fall under the definition of "insurance" in R.C. 2305.27 and therefore do not reduce medical malpractice damage awards.
1992 Ohio 7State, ex rel. Kaska v. Indus. Comm. (1992)
Workers' compensation - Doctors reports are not "some evidence" supporting denial of temporary total disability compensation, when - "Permanency," construed.
1992 Ohio 8State ex rel. Evans v. Indus. Comm. (1992)
Workers' compensation - Industrial Commission decision does not determine employee's right to participate in State Insurance Fund unless decision finalizes allowance or disallowance of employee's claim .
1992 Ohio 9State ex rel. Eaton City School Dist. Bd. of Edn. v. State Emp. Relations Bd. (1992)
State Employment Relations Board - Investigatory file compiled by SERB must be disclosed upon request - Files excepted from disclosure, when.
1992 Ohio 11City of Middleburg Heights v. Ohio Board of Building Standards (1992)
1992 Ohio 13State ex rel. Smith v. Etheridge (1992)
1992 Ohio 14Gates Mills Club Dev. Co. v. Cuyahoga Cty. Bd. of Revision (1992)
Taxation - Board of Tax Appeals does not abuse its discretion in not waiving Ohio Adm.Code 5717-1-16, which permits voluntary dismissals of appeals to the board before commencement of the hearing.
1992 Ohio 16State ex rel. Jones v. Indus. Comm. (1992)
Workers' compensation - Jurisdictional requirements of R.C. 4123.516 complied with, when.
1992 Ohio 17Ohio Dept. of Liquor Control v. Sons of Italy Lodge 0917 (1992)
1992 Ohio 18State ex rel. McArthur v. DeSouza (1992), Ohio St.3d (1992)
Civil service - R.C. 124.31, construed - Term "years of service" in R.C. 124.31 includes service earned with other political subdivisions.
1992 Ohio 19State v. Brown (1992)
Criminal law - Evidence - Witnesses - Criminal defendant has constitutional right to compulsory process over a potential witness he believes acted as an informant in his case and whose testimony would be relevant and aid in his defense.
1992 Ohio 20State ex rel. LTV Steel Co. v. Gwin (1992)
Writ of prohibition to prohibit court of appeals judges from remanding case for a new trial - Writ denied, when.
1992 Ohio 23A & B Refuse Disposers, Inc. v. Ravenna Twp. Bd. of Trustees (1992)
Public utilities - Determination of whether entity is a public utility for the purpose of exemption from local zoning restrictions requires consideration of several factors .
1992 Ohio 24Ellis v. State (1992)
Civil procedure - Attorney fees and costs - Enforceability of Loc.R. 2.53(Z) of the Court of Common Pleas of Montgomery County.
1992 Ohio 25Ellis v. State (1992)
Criminal law—Felonious assault—Individual cannot assert a bona fide claim of self-defense when he uses non-lethal force to defend himself, when.
1992 Ohio 26Bobersky v. Youngstown (1992)
Appeal dismissed as improvidently allowed.
1992 Ohio 27State ex rel. Jackson v. Allen (1992)
Complaint in quo warranto challenging appointment of special prosecutor - Writ denied, when.
1992 Ohio 28Shifrin v. Forest City Ent., Inc. (1992)
Contracts - Extrinsic evidence considered in an effort to give effect to the parties' intentions, when.
1992 Ohio 29State ex rel. Fresh Mark, Inc. v. Mihm (1992)
Workers' compensation - Commission's order awarding compensation for impaired earning capacity not error when a cursory review of the materials in the record shows that there was sufficient evidence on which the commission could properly rely .
1992 Ohio 30State v. Jones (1992)
Appeal dismissed as improvidently allowed.
1992 Ohio 32State v. Mourey (1992)
Criminal law - Extradition - Interstate Agreement on Detainers - One-hundred-eighty-day time period set forth in R.C. 2963.30 begins to run, when - Prisoner substantially complies with requirements of Article III(a) and (b) of R.C. 2963.30, when.
1992 Ohio 33State v. Harrell (1992)
Criminal law - Search and seizure - Ultimate or inevitable discovery exception to Exclusionary Rule, applied.
1992 Ohio 34State v. Morris (1992)
Appeal dismissed as improvidently allowed.
1992 Ohio 35Provens v. Stark Cty. Bd. of Mental Retardation & Developmental Disabilities (1992)
Employer and employee - Public employees do not have a private cause of civil action against employer to redress alleged violations by employer of policies embodied in the Ohio Constitution, when. .
1992 Ohio 36Haynes v. Humphreys (1992)
Habeas corpus - Relief denied when adequate remedy at law exists - Claim of ineffective assistance of appellate counsel - Claim may be raised in application for reconsideration in court of appeals or in direct appeal to Supreme Court.
1992 Ohio 37Day v. Day (1992)
Appeal dismissed as improvidently allowed.
1992 Ohio 39State ex rel. Double v. Indus. Comm. (1992)
Workers' compensation - Employee crushed by a construction vehicle - VSSR claim denied when claimant fails to cite a specific safety requirement that applies to the industry in which the decedent was working at the time of his death .
1992 Ohio 41State v. Dever (1992)
Criminal law - Sexual abuse of child - Admissibility of child declarant's statements - Admission into evidence of a hearsay statement pursuant to a firmly rooted hearsay exception does not violate a defendant's right of confrontation .
1992 Ohio 42Simmers v. Bentley Constr. Co. (1992)
Torts - Negligence - Independent contractor who creates a dangerous condition on real property is not relieved of liability under the "open and obvious" hazards doctrine.
1992 Ohio 43State v. Hill (1992)
Criminal law - Aggravated murder - Death penalty upheld, when.
1992 Ohio 44State v. Richey (1992)
Criminal law - Aggravated murder - Death penalty upheld, when.
1992 Ohio 45Grover v. Eli Lilly & Co. (1992)
Torts - Products liability - Pharmaceutical company's liability for manufacture of a defective prescription drug does not extend to persons who were never exposed to the drug, either directly or in utero.
1992 Ohio 46Ohio Chamber of Commerce v. State Emergency Response Comm. (1992)
The language "equivalent in scope, content, and coverage," as used in R.C. 3750.02(B)(1), prescribes only minimum regulatory requirements and does not prevent the State Emergency Response Commission from promulgating rules .
1992 Ohio 47State v. Lawson (1992)
Criminal law - Aggravated murder - Death penalty upheld, when.
1992 Ohio 48State v. Gillard (1992)
Criminal law - Trial court knows or reasonably should know of attorney's possible conflict of interest in representation of person charged with a crime - Court has affirmative duty to inquire whether a conflict of interest actually exists .
1992 Ohio 49State v. Braylock (1992)
Criminal law - Illegal use of federal food stamps - R.C. 2913.46(A) does not constitute an unlawful delegation of state legislative authority in violation of Section 1, Article II of the Ohio Constitution.
1992 Ohio 50State ex rel. Johnson v. Hunter (1992)
Mandamus to compel settling and approval of statement of evidence - App.R. 9(C) - Writ denied, when.
1992 Ohio 51State, ex rel. AT&T Technologies, Inc. v. Indus. Comm. (1992)
Workers' compensation - Partial disability compensation - "Good cause" for change in election of method of payment not shown, when - Former R.C. 4123.57, applied.
1992 Ohio 52Baker v. West Carrollton (1992)
Municipal corporations - R.C. 737.29 and 737.32 apply to lost property recovered by police - Proceeds from sale of unclaimed property shall be paid to municipal corporation.
1992 Ohio 53State v. Pierce (1992)
Criminal law - Evidence - DNA evidence - Admissible but subject to judicial analysis for prejudice - Questions regarding reliability of DNA evidence go to the weight of the evidence rather than to its admissibility.
1992 Ohio 54State, ex rel. Albright v. Indus. Comm. (1992)
Workers' compensation - Commission's order granting or denying benefits to a claimant must specifically state what portion of the evidence has been relied upon, and briefly explain the reasoning for its decision.
1992 Ohio 55Buckeye Internatl., Inc. v. Limbach (1992)
Taxation - Valuation of taxable property - APB 16 valuations are probative and competent evidence - Taxpayer may challenge APB 16 valuations - Notice of appeal to Board of Tax Appeals .
1992 Ohio 57State ex rel. LTV Steel Co. v. Indus. Comm. (1992)
Workers' compensation - Entitlement to permanent total disability compensation requires a showing that the medical impairment due to the allowed conditions prevents claimant from engaging in sustained remunerative employment.
1992 Ohio 59State, ex rel. J.K. & E. Auto Wrecking v. Trumbo (1992)
Courts - Municipal court's housing division has exclusive jurisdiction over forcible entry and detainer actions .
1992 Ohio 60Felty v. AT&T Technologies, Inc. (1992)
1992 Ohio 61State v. Brown (1992)
1992 Ohio 62Cleveland City School Dist. Bd. of Edn. v. Don M. Hisaka & Assoc., Inc. (1992)
1992 Ohio 64State v. Knuckles (1992)
1992 Ohio 65Ohio Ass'n of Private Detective Agencies, Inc. v. City of North Olmsted (1992)
1992 Ohio 67Northwest Ohio Bar Assn. v. Noble (1992)
Attorneys at law - Misconduct - Two-year suspension - Violation of Disciplinary Rules in handling of two bankruptcy cases - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation .
1992 Ohio 73State Ex Rel. Hanson v. Guernsey County Board of Commissioners (1992)
1992 Ohio 75State Ex Rel. B & C MacHine Co. v. Industrial Commission (1992)
1992 Ohio 84State ex rel. Markulin v. Ashtabula Cty. Bd. of Elections (1992)
Elections - Mandamus to compel board of elections to certify relator's nominating petition and place her name on general election ballot as candidate for judge - Writ denied when .
1992 Ohio 85State ex rel. McMillan v. Ashtabula Cty. Bd. of Elections (1992)
Elections - Declarations of candidacy and all separate petition papers must be filed at the same time as one instrument - R.C. 3513.05, applied.
1992 Ohio 87In re Resignation of Bernabei (1992)
1992 Ohio 88State ex rel. Lawson Co. v. Indus. Comm. (1992)
Workers' compensation - Evidentiary basis of commission's decision must be specified - Supreme Court will not assume commission relied on evidence not specifically identified in its order.
1992 Ohio 89Vance v. Roedersheimer (1992)
Civil procedure - Attorney fees and costs - Enforceability of Loc.R. 2.53(Z) of the Court of Common Pleas of Montgomery County.
1992 Ohio 90State ex rel. The Andersons v. Indus. Comm. (1992)
Workers' compensation - Wage loss compensation - Claimant's layoff does not bar wage loss compensation, when - Calculation of average weekly wage.
1992 Ohio 91Pewitt v. Lorain Correctional Inst. (1992)
Mandamus to compel release from confinement - Complaint in mandamus dismissed as moot when relator is released from confinement prior to hearing - Event that causes a case to become moot may be proved by extrinsic evidence outside the record.
1992 Ohio 92Shearman v. Van Camp (1992)
Criminal law - Motion to dismiss - Double jeopardy does not bar the prosecution of an individual charged with carrying a concealed weapon simply because another defendant has been convicted of possession of the weapon which forms the basis of the charge.
1992 Ohio 93Big Boy's Toy, Ltd. v. Limbach (1992)
Taxation - Use tax assessment on forty-two-foot Chris Craft boat - Impact of Commerce Clause on state use taxes - Application of United States Supreme Court four-part test for imposition of use tax.
1992 Ohio 94Motorists Mut. Ins. Co. v. Said (1992)
Insurance - Torts - Contracts - - Insurer's duty of good faith towards insured breached, how - Cause of action for tort of bad faith arises, when - "No lawful basis" for the intentional refusal to satisfy a claim, construed.
1992 Ohio 96State v. Brown (1992)
Criminal law - When defendant makes no request to trial court to state findings of fact and trial court does not state its findings of fact, an appellate court errs in reversing conviction based on denial of a speedy trial.
1992 Ohio 97Nease v. Medical College Hospitals (1992)
Torts - - Filing action against state in Court of Claims is a "complete waiver of any cause of action against any state officer or employee" - R.C. 2743.02(A)(1) - Waiver void, when - Immunity of state employee is a question of law and .
1992 Ohio 98State v. McCarthy (1992)
1992 Ohio 99State ex rel. Walsh v. Ashtabula Cty. Bd. of Elections (1992)
Elections - Elector who had been continuously registered for thirty days or more, but who had not been registered at her current address for thirty days or more when she signed and circulated her statement of candidacy was an elector .
1992 Ohio 100Collinsworth v. Western Elec. Co. (1992)
Workers' compensation - Payment of medical expenses tolls the ten-year statute of limitations contained in R.C. 4123.52.
1992 Ohio 101State ex rel. Koch v. Indus. Comm. (1992)
Workers' compensation - Application for additional award alleging violation of specific safety requirements denied - Mandamus not available when party did not request a rehearing available under Ohio Adm. Code 4121-3-20(G).
1992 Ohio 102State ex rel. Basye v. Indus. Comm. (1992)
Workers' compensation - Commission denial of temporary total disability compensation not supported by "some evidence," when.
1992 Ohio 103State v. Wyant (1992)
Criminal law - Ethnic intimidation - R.C. 2927.12 unconstitutional.
1992 Ohio 104Aetna Life Ins. Co. v. Hussey (1992)
Insurance - Domestic relations - Separation agreement of divorce decree mandates insurance coverage and designates purpose for which insurance proceeds are to be used by certain beneficiaries .
1992 Ohio 105Leon v. Ohio Bd. of Psychology (1992)
Psychologists -- Former Ohio Adm. Code 4732-17-01(A)(2)(d), prohibiting psychologist from engaging in a sexual relationship with an immediate ex-client, is not unconstitutionally vague.
1992 Ohio 106State ex rel. Jeep Corp. v. Indus. Comm. (1992)
Workers' compensation - [S]tatement of maximum medical improvement of an allowed condition made by claimant's doctor is justification for a self-insured employer to cease temporary total compensation without prior commission hearing.
1992 Ohio 107State ex rel. Ford Motor Co. v. Indus Comm. (1992)
Workers' compensation - R.C. 4123.52 forbids any award of compensation "for a back period in excess of two years prior to the date of filing application therefor."
1992 Ohio 108State v. Van Gundy (1992)
Criminal law - Jury instructions that state must prove defendant's guilt beyond a reasonable doubt - Any amplification upon definitions contained in R.C.2901.05(D) is inadvisable.
1992 Ohio 109Ramage v. Central Ohio Emergency Serv., Inc. (1992)
Negligence - Medical malpractice involving nurse- Wrongful death - Pursuant to R.C. 2125.02, other next of kin, although not presumed to have sustained damages, may recover damages for mental anguish and loss of consortium upon proper proof .
1992 Ohio 110State v. Rojas (1992)
Criminal law - Aggravated murder - Death penalty upheld, when.
1992 Ohio 111Willoughby Hills v. C. C. Bar's Sahara, Inc. (1992)
Municipal corporations - Charter allows municipality to seek appellate review of determinations made by its board of zoning appeals - Municipality has standing pursuant to R.C. 2506.01 to "attack or void" such decisions in the common pleas court.
1992 Ohio 112Columbus & Southern Ohio Elec. Co. v. Indus. Comm. (1992)
Workers' compensation - Self-insured employer's right to handicap reimbursement vests, when - Term "assessments" as used in R.C. 4123.343(F), construed.
1992 Ohio 113Allen Freight Lines, Inc. v. Consol. Rail Corp. (1992)
Highways - Railroad overpass crossing street within municipality - R.C. 5577.05(D) creates no duty on municipality or railroad to alter existing structures or provide vertical clearance for maximum-height vehicles .
1992 Ohio 114State ex rel. Pavis v. Gen. Motors Corp., B.O.C. Group (1992)
Workers' compensation - Industrial Commission is exclusively responsible for weighing and interpreting medical reports .
1992 Ohio 115State ex rel. Williams v. Cleveland (1992)
Public records - Trial preparation and confidential law enforcement investigatory records from aggravated murder conviction cases - Exempt from disclosure, when - R.C. 149.43, applied.
1992 Ohio 116The Limited Stores, Inc. v. Pan American World Airways, Inc. (1992)
Appeal from the Court of Appeals for Franklin County, No. 89AP-502.
1992 Ohio 117Wise v. Timmons (1992)
Negligence - Motor vehicle accident - Trial court errs in granting motion for directed verdict, when - Evidence construed, how - Negligence never presumed - Action for wrongful death .
1992 Ohio 118State ex rel. Zalud Oldsmobile, Inc. v. Indus. Comm. (1992)
Workers' compensation - Doctors' reports are not "some evidence" supporting an award of temporary total disability compensation, when.
1992 Ohio 119State, ex rel. Ohio Assn. of Pub. School Emp./AFSCME, AFL-CIO v. State Emp. Relations Bd. (1992)
State Employment Relations Board—SERB issues decision to dismiss an unfair labor practice charge against an employer as untimely filed without issuing a complaint—SERB errs by failing to make a complete examination and determination of the timeliness issue.
1992 Ohio 120State ex rel. Chrysler Motors Corp. v. Mayfield (1992)
Industrial Commission - Intentional torts - Reimbursement of settlement money and attorney fees from Intentional Tort Fund - Right to reimbursement negated by Supreme Court decision finding R.C. 4121.80 unconstitutional in toto.
1992 Ohio 121State ex rel. Youghiogheny & Ohio Coal Co. v. Indus. Comm. (1992)
Workers' compensation - Handicap reimbursements - Decision of court of appeals vacated and cause remanded to that court for further proceedings.
1992 Ohio 122Consumers' Counsel v. Pub. Util. Comm. (1992)
Public Utilities Commission - Natural gas companies - Rate increase - Stipulated expenses in staff report .
1992 Ohio 123State ex rel. Kirby v. S.G. Loewendick & Sons, Inc. (1992)
Workers' compensation - Employee's application for additional award due to employer's violation of specific safety requirement cannot be amended to include claim that was not raised within limitations period. .
1992 Ohio 124Baker v. West Carrollton (1992)
Municipal corporations - R.C. 737.29 and 737.32 apply to lost property recovered by police - Proceeds from sale of unclaimed property shall be paid to municipal corporation. .
1992 Ohio 125High v. Howard (1992)
Torts - Child does not have a cause of action for loss of consortium against a third-party tortfeasor who negligently or intentionally injures the child's parent.
1992 Ohio 127State v. Carter (1992)
Criminal law - Aggravated murder - Death penalty upheld, when.
1992 Ohio 128State ex rel. Crisp v. Indus. Comm. (1992)
Workers' compensation - Claimant cannot relitigate an issue at a later date that was conclusively decided in a prior commission decision - Issue is considered res judicata.
1992 Ohio 129State ex rel. Granville Volunteer Fire Dept., Inc. v. Indus. Comm. (1992)
Volunteer fire departments - Workers' compensation premium payments - Overpayment of premium due to classification in violation of R.C. 505.41 - Reimbursement limited to prior two years' payments .
1992 Ohio 130State v. Spates (1992)
Criminal law - Defendant's right to counsel at preliminary hearing protected by Sixth and Fourteenth Amendments to United States Constitution - Defendant waives right to challenge denial of right to counsel at preliminary hearing, when.
1992 Ohio 131State, ex rel. Partis v. Warren City Bd. of Health (1992)
Mandamus to compel city board of health to issue occupancy permits to allow property to be rented as a triplex - Writ denied, when - Failure to prove any of the criteria necessary for the issuance of the writ.
1992 Ohio 132State ex rel. Bradford v. Trumbull Cty. Court (1992)
Prohibition to prevent exercise of county court's jurisdiction not available, when - Adequate remedy at law available.
1992 Ohio 133Conley v. Shearer (1992)
Court of Claims - R.C. 2743.02(F) does not violate the Equal Protection Clauses of the United States and Ohio Constitutions .
1992 Ohio 134In re Petition to Annex 320 Acres to the Village of S. Lebanon (1992)
Municipal corporations - Annexation - R.C. 709.07 provides exclusive remedy for persons who challenge a board of county commissioners' approval of a landowners' annexation petition
1992 Ohio 135Myers v. Pub. Util. Comm. (1992)
Public Utilities Commission - Electric companies - Electric service to garage charged under general service rate, not residential rate, when.
1992 Ohio 136State v. Witwer (1992)
Criminal procedure - Penalties and sentencing - Court of common pleas may impose indefinite term of incarceration prescribed by R.C. 2929.11(B)(7), when.
1992 Ohio 137Harrison v. Judge (1992)
Municipal corporations - City health district board - Board and city are separate employer entities - Board and city may enter into joint negotiations with a union.
1992 Ohio 138Fantozzi v. Sandusky Cement Prod., Co. (1992)
Civil procedure - Trial court commits reversible error ordering a prerecorded videotape trial over the objections of both parties to the action, when - Torts - Negligence - Damages - When .
1992 Ohio 140Haskins v. Bronzetti (1992)
Domestic relations - Nonresident custodial parent has right to pursue action for child support against noncustodial parent in a court of competent jurisdiction in this state, when.
1992 Ohio 141Weiss v. Limbach (1992)
Taxation - Sales tax - Liability of original incorporator who is a substantial shareholder and served as company's president for unpaid sales tax - Conditional payment plan agreement negotiated with Attorney General's Office .
1992 Ohio 142State ex rel. Long v. Mihm (1992)
Workers' compensation - Election of compensation under R.C. 4123.57 - Unforeseen changed circumstances sufficient to justify an election change - Evidentiary basis of hearing officer's decision specified, when.
1992 Ohio 143In re Application of Keita (1992)
1992 Ohio 144In re Poling (1992)
Courts - Juvenile court has jurisdiction to determine custody of child alleged to be abused, neglected or dependent, when - R.C. 2151.23(F)(1), construed and applied.